You may need an adjustment of status lawyer if you want a green card through adjustment of status and are already living in the United States. Adjustment of status is the process many immigrants go through when they apply for a green card, but don’t want to have to return to their country of citizenship to go through the process.
In this adjustment of status guide, you will learn:
- When to contact an adjustment of status lawyer like Gireud | Hobbs Attorneys at Law
- Which forms and processes could be involved with becoming a Lawful Permanent Resident (LPR) when you’re already in the United States
Table of Contents
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Reasons You May Need and Adjustment of Status Lawyer
There are several reasons you may need to hire an adjustment of status lawyer including the following scenarios:
- You are in the United States on a temporary visa, but your plans have changed.
- You’ve already been granted an immigrant visa and are living in the U.S., but previously delayed applying for your actual green card.
- You have been living in the United States with asylum status for at least one year.
- You are living in the United States with T nonimmigrant status and either three years has passed, or you’ve been informed the case has been resolved.
- You are living in the United States with U nonimmigrant status for three years and have reasonably assisted law enforcement as agreed.
What Form is Used for Adjustment of Status?
Since adjustment of status is the process you will use to get your green card if you are already in the country, your application must go through U.S. Citizenship and Immigration Services (USCIS) instead of a consulate abroad. You must apply directly to USCIS and meet with USCIS officials as needed.
When using the adjustment of status process, the application for your green card is Form I-485, Application to Register Permanent Residence or Adjust Status. This form is used to become a LPR and get your green card once you are eligible.
This is not a process you should attempt without an adjustment of status lawyer. Many additional forms and processes may be required.
Scenario #1: You’re a Temporary Visa Holder and Your Plans Have Changed
Nonimmigrant visas are issued to foreign nationals who plan to return to their home country. Frequently, plans change, and U.S. immigration law provides for unexpected changes.
If you came to the U.S. on a temporary visa and have decided to make a life here, you should speak to an adjustment of status lawyer experienced in both immigrant visas and the adjustment of status process.
For example, if you are currently living in the United States on a student visa and planning to marry a U.S. citizen, your future spouse has the right to sponsor your immigrant visa.
Likewise, if you are currently living in the United States with a temporary employment visa but have been offered a permanent job at a U.S. company, the company may be able to sponsor an employment-based immigrant visa on your behalf.
To obtain a green card if you are in the United States on a temporary visa, you must be the named beneficiary of an immigrant visa petition. This typically involves someone else’s sponsorship. U.S. immigration law does provide a few exceptions to the sponsorship requirement.
You can’t just ask anyone to act as your sponsor. U.S. immigration law is very specific about who can sponsor an immigrant’s visa.
Potential sponsors of your immigrant visa are limited to the following:
- S. citizens and LPRs who have specific relationships with you
- S. employers who meet specific requirements
You may be eligible to self-petition for your own immigrant visa if you have:
- An employment-based petition with a National Interest Waiver
- An employment-based petition based on an extraordinary ability
- Experienced abuse by a U.S. citizen or LPR family member who would have been eligible to sponsor you
Immigrant visa petitions that may be used by your adjustment of status lawyer prior to applying for your actual green card include:
- Form I-140, Immigrant Petition for an Alien Worker for employment-based immigrant visas
- Form I-130, Petition for Alien Relative for family-based immigrant visas
- Form I-360, Petition for Amerasian, Widow(er), or Special Immigrant to classify you as a VAWA self-petitioner
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Scenario #2: You Have an Approved Immigrant Visa and Need Your Green Card
If you’re in the United States with an existing immigrant visa but put off applying for your actual green card due to budget concerns or another reason, an adjustment of status lawyer can help you finally apply for your green card.
Scenario #3: Apply for a Green Card as an Asylee
If you have been living in the United States for at least one year with asylum status, you may be eligible to apply for an adjustment of status. LPR status with a green card offers significantly more benefits and security over asylum status. If you’d like a more permanent immigration status in the United States, a green card can offer you peace of mind. Your adjustment of status lawyer will support you through this process and file your application.
Scenario #4: Apply for a Green Card as a T Nonimmigrant or U Nonimmigrant
If you have been in the U.S. and classified as a T nonimmigrant, or T visa holder, for three years, you may be eligible for a green card. If your case has been resolved and you met your end of the deal, you may be eligible sooner. U visa holders can also apply for an adjustment of status after three years of living in the U.S. on the U nonimmigrant status. Your adjustment of status lawyer will support you through this process and file your application.
Frequently Asked Questions
The timeline from submitting an immigrant visa petition to getting an approved adjustment of status varies significantly. For example, it may be several years before an immigrant visa becomes available if your visa is in the family-preference category, but if you married a U.S. citizen, you wouldn’t wait nearly as long. Meanwhile, VAWA processing times are usually around two to three years.
If you already have an immigrant visa, it may still take several months to process your adjustment of status application and receive your green card.
After waiting one year as an asylee, your adjustment of status may still take approximately 16 months.
After waiting three years or until you are eligible to apply for adjustment of status, you may still need to wait another one to three years for your green card.
Yes, usually, certain forms can be filed concurrently. Your adjustment of status lawyer will likely suggest that you file your Form I-485 concurrently with your other forms. Your adjustment of status lawyer may also suggest that you submit Form I-693, Report of Immigration Medical Examination and Vaccination Record concurrently with your other forms and keep up to date on all vaccines.
Adjustment of Status Lawyer in San Antonio, Texas
You may find yourself in another unique situation, such as coming to the U.S. as a refugee. In Texas, regardless of your circumstance, an adjustment of status lawyer at Gireud | Hobbs can guide you through every step of your immigration journey ,starting with your free consultation.
